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(영문) 서울서부지방법원 2015.07.23 2014노1545

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination of the crime of this case is a majority of the victims, and the amount of fraud is highly damaged by 240 million won, and the method or quality of the crime of this case is not good. In particular, the victim E suffers economic suffering from approximately KRW 110 million in the amount of damage, and the fact that the defendant did not reach an agreement with E is disadvantageous to the defendant.

However, there are no particular criminal records except that the defendant has been punished once by a fine due to the violation of the Labor Standards Act, the defendant partially repaid to the victim L and M in the trial, and the defendant's health condition is not good.

In addition, considering the motive and circumstances of the crime, the means and consequence thereof, the circumstances after the crime, the age, career, character and conduct, environment, and family relationship of the defendant, the punishment of the court below is too unreasonable.

However, in light of the above unfavorable circumstances, the sentence of sentence on the defendant is inevitable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 1. The summary of the evidence added "the defendant's statement in this court" to the summary column of the evidence, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.